Cohen v. New York State Board of Pharmacy

In this article 78 proceeding, the petitioner, a supervising pharmacist of a pharmacy owned by nonpharmaeists, seeks review of a determination of the State Board of Pharmacy that he was guilty of certain violations of article 137 of the Education Law (Pharmacy) and imposing a penalty of $100. Even without knowledge a supervising pharmacist fails in his responsibility by not properly performing the duties of his position as we held in Matter of Bernstein v. Allen (26 A D 2d 727) and Matter of Cassell v. Allen (27 A D 2d 597) which mandates confirmation. We find no reason to disturb the finding…